The 36-year-old singer reportedly took her son, whom she does not have custody of, from her father’s home during a routine visit Tuesday evening. A report was then filed with the Cape Coral Police, the AP reports.

Florida police said she has until Thursday to return him and that no “criminal act” has taken place yet.

Her brother, Josh McCready, told the AP that his sister and nephew are “fine.”

McCready, born Malinda Gayle McCready, has struggled with addiction, domestic abuse, incarceration and attempted suicide. She appeared on season three of “Celebrity Rehab with Dr. Drew.” This summer, she sued her mother and The National Enquirer’s parent company over a story that questioned her skills as a parent.

Access Hollywood is reporting that McCready said in an e-mail, “I am working with lawyers to try to get all this straightened out.”

“I did not steal my child, as it would be impossible for me to kidnap what already belongs to me!” she said.